Law Reform (Miscellaneous Provisions) Amendment Act 2002 (ACT)

Law Reform (Miscellaneous Provisions) Amendment Act 2002

Act 2002 No 34

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Act amended  2

4. Division 12.14  2

5. Part 13, heading  2

6. New part 14  2

Law Reform (Miscellaneous Provisions) Amendment Act 2002

Act 2002 No 34

An Act to amend the Law Reform (Miscellaneous Provisions) Act 1955

Notified under the Legislation Act 2001 on 8 October 2002

(see Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Law Reform (Miscellaneous Provisions) Amendment Act 2002.

2. Commencement

   This Act commences on the day after its notification day.

3. Act amended

   This Act amends the Law Reform (Miscellaneous Provisions) Act 1955.

4. Division 12.14

   omit

5. Part 13, heading

   substitute

Part 13Stipulations in contracts

1. New part 14

   insert

Part 14Abolition of maintenance, champerty and a form of barratry

1. Abolition of certain common law offences

   The following common law offences are abolished:

   (a)maintenance;

   (b)champerty;

   (c)being a common barrator.

2. Abolition of torts of maintenance and champerty

   The torts of maintenance and champerty are abolished.

3. Preservation of liability under certain contracts

   This Act does not affect any rule of law about the illegality or avoidance of contracts that are tainted with maintenance or are champertous.

4. Lawyers’ conduct not affected

   This Act does not affect any rule of law relating to the misconduct of a lawyer who—

   (a)engages in conduct that would have been maintenance at common law; or

   (b)is a party to a champertous agreement.

5. Saving of existing rights and liabilities

   The Legislation Act 2001, section 84 (Saving of operation of repealed and amended laws) applies to the abolition of an offence under section 68 and a tort under section 69 as if each of those sections repealed a law.

Endnote

Republications of amended laws

For the latest republication of amended laws, see align="center">[Presentation speech made in Assembly on 22 August 2002]

I certify that the above is a true copy of the Law Reform (Miscellaneous Provisions) Amendment Bill 2002 which was passed by the Legislative Assembly on 24 September 2002.

Clerk of the Legislative Assembly

© Australian Capital Territory 2002